Question: For the past 6 months, the roof over my designated car space in our garage is leaking and causing damage to my vehicle. I asked for the roof to be fixed and/or a visitor spot to be temporarily reallocated to me. The committee/strata management refused both.
Answer: Can you force the body corporate to undertake the repair? It’s difficult, but ultimately yes.
The First question to answer is whether the roof above your car spot is common property. From the description, it sounds like it is, but it’s always worth checking the documents to be sure. You might ask your body corporate manager to confirm this. Have the Committee denied that it is?
If it is body corporate property, then the body corporate is required under the legislation to undertake repairs. Car park leaks are not always straightforward to resolve and may be expensive depending on where they come from, but they still have to be done. An affordable alternative might be to install a drip tray system. The leak won’t be fixed but the water will be carried away from your vehicle. Have repair options been considered and presented to the committee? Maybe you need to get your own contractor in to take a look and provide a quote if it would help move things forward.
Can you force the body corporate to undertake the repair? It’s difficult, but ultimately yes. Start with your body corporate manager and see what their advice is. They might help advise the Committee of the responsibility to undertake the works which might make a difference. Otherwise you could table a formal letter to the committee, noting the issue and requesting the repair. Ask for this to be included at the next committee meeting. If you get your own quote and submit the matter to the committee or to the next general meeting, a vote could be held.
Still, it seems like you have made a reasonable attempt to resolve the issue, so maybe the only avenue left is to file your complaint with the Commissioner’s office seeking resolution. Make sure you get all of the necessary information to show that it is a body corporate repair. If you are really serious, you could get a strata solicitor to help you. File the application and let the wheels of justice take their course.
In terms of your vehicle, it could perhaps be considered that the body corporate has been negligent in not undertaking repairs in a reasonable timeframe after being informed of an issue. Perhaps there is a right of claim there. You could include any costs incurred in your application to the Commissioner. Maybe you could inform the body corporate insurer of the issue – they may not cover your vehicle but they are rarely happy to know about unresolved repairs. Perhaps your own insurer might help you with recovering any costs. There’s no definite answer but start asking questions and put the information out there.
As you are aware of the issue, you should probably stop using the space – obvious advice but still worth noting. That might be inconvenient as you have also been refused permission to park in the visitors spots. You may have to park offsite, but that sounds better than using your space.
Lastly, it’s always worth taking a step back and considering the big picture. Is there some miscommunication here or some particular reason the repair is being refused. After all, the matter sounds reasonably straightforward and most body corporates would just take care of it. Maybe have a think about what’s stopping the Committee from authorising the repair here. Are they being cheap or is there another reason? Have they given you any rationale when explaining why the repair is not required. It can be had when you are close to an issue, but think through the context and perhaps you can find an avenue of resolution.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924